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HomeMy WebLinkAbout2014-01-27 - Agendas - Final Plannin¢Commission Plannin¢Commissioners Officers William Chesser Craig Honchell, Chair Ron Autry aTyve le Ryan Noble Kyle Cook,Vice-Chair Porter Winston Tracy Hoskins Sarah Bunch, Secretary A R K A N S A 5 Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting January 27, 2014 A meeting of the Fayetteville Planning Commission will be held on January 27, 2014 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street,Fayetteville, Arkansas. Call to Order Roll Call Consent: 1. Approval of the minutes from the January 13, 2014 meeting. Old Business: 2. ADM 13-4584: Administrative Item (617 N. COLLEGE AVENUE/ZUPPA ZUPPA, 445): Submitted by ANN HARRIS for property located at 617 NORTH COLLEGE AVENUE. The property contains approximately 0.25 acres and is zoned C-2, THOROUGHFARE COMMERCIAL. The request is for a variance to allow a temporary retail structure(airstream trailer)to remain on the property for longer than 90 days. Planner: Quin Thompson 3. LSD 13-4568: Large Scale Development (NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE/KUM &GO, 329): Submitted by CEI ENGINEERING for property located at the NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.69 acres. The request is to build a 4,991 square foot gas station with associated parking. Planner: Jesse Fulcher THE APPLICANT HAS REQUESTED THIS ITEM TO BE TABLED UNTIL THE FEBRUARY 10,2014 MEETING. CUP 13 4575i Conditional Use Permit (500 N. VINSON AVENUE/14014SE FAMILY, 447)i S4mitted by 44441E,14 CAP CONSULTING fer property laeated at 500 NORTH VINSON AVENUE. The propefty is zoned RSF 4, RESIDENTIAL SPiGhE FAMILY, 4 UNITS PER ACRE and eantains apprexifna4ely 0.3 4 aeFes. The request is fer-a eenditional use pefmit to -ldem lots. 121annef Q THE APPLICANT HAS WITHDRAWN THIS REQUEST New Business: 4. ADM 14-4612: Administrative Item (501 W. MAPLE ST./STERLING FRISCO, 484): Submitted by HUMPHREY'S &PARTNERS ARCHITECTS for property located at 501 WEST MAPLE STREET. The property is zoned DG, DOWNTOWN GENERAL. The request is for a variance of Chapter 166.21(E)(7)(b),visible transmittance rating of glass on the first floor within the Downtown Design Overlay District. Planner: Jesse Fulcher 5. CUP 13-4595: Conditional Use Permit (1904 AND 1908 N. COLLEGE AVE./PUGH, 368): Submitted by JEREMY KENNEDY for properties located at 1904 AND 1908 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.27 acres. The request is for a conditional use permit to allow a detached residential dwelling use in the C-2 zoning district. Planner: Jesse Fulcher 6. RZN 13-4536: Rezone (4310 MARTIN LUTHER KING BLVD./EDWARDS, 594): Submitted by BATES AND ASSOCIATES for property located at 4310 MARTIN LUTHER KING BOULEVARD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL contains approximately 0.74 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Planner: Andrew Garner 7. ADM 13-4603: Administrative Item (UDC AMENDMENT CHAPTER 161,Use Unit 44, Cottage Housing Development). Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapter 161. The proposal is a minor editorial correction to Use Unit 44, Cottage Housing Development. Planner: Quin Thompson0 NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Once the Chair recognizes you,go to the podium and give your name and address.Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff, or others for response. Please keep your comments brief, to the point,and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf, are available for all public hearings, 72 hour notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on January 13, 2014 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: December 9,2013 Approved Page 3 VAC 13-4587: Vacation (1285 E. MILSAP ROAD/CHRISTIAN LIFE CATHEDRAL, 213): Page 3 Forwarded Old Business: LSD 13-4524: Large Scale Development(INTERSECTION OF W. CENTER ST. & S.HILL AVE./HARVEY'S HILL,483): Page 4 Approved ADM 13-4331: (UDC AMENDMENT: URBAN AGRICULTURE CODE AMENDMENTS): Pages Forwarded New Business: VAC 13-4567: Vacation (1851 E. HUNTSVILLE ROAD/KUM AND GO,565): Page 6 Forwarded ADM 13-4584: Administrative Item (617 N. COLLEGE AVENUE/ZUPPA ZUPPA,445): Page 7 Tabled ADM 13-4604: Administrative Item (ECO DOWNTOWN LSD EXTENSION#2,484): Page 8 Approved CUP 13-4569: Conditional Use Permit(NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE/KUM & GO,329): Page 9 Approved LSD 13-4568: Large Scale Development(NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE/KUM & GO,329): Page 10 Tabled CUP 13-4593: Conditional Use Permit(495 W. DICKSON STREET/WALTON ART CENTER, 484): Page 11 Approved Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 1 of 20 LSD 13-4583: Large Scale Development(495 W. DICKSON STREET/WALTON ART CENTER, 484): Page 12 Approved CUP 13-4589: Conditional Use Permit(560 N. RUPPLE ROAD/BOYS AND GIRLS CLUB,439): Page 13 Approved LSD 13-4586: Large Scale Development(560 N. RUPPLE ROAD/BOYS AND GIRLS CLUB,439): Page 14 Approved CUP 13-4575: Conditional Use Permit(500 N.VINSON AVENUE/HOUSE FAMILY,447): Page 15 Tabled CUP 13-4576: Conditional Use Permit(EAST OF STONE MOUNTAIN DRIVE/R.BRISEL,489): Page 16 Approved CUP 13-4574: Conditional Use Permit(825 S. STONEBRIDGE ROAD/HAMMANS, 566): Page 17 Approved RZN 13-4573: Rezone(825 S. STONEBRIDGE ROAD/HAMMANS, 566): Page 18 Forwarded RZN 13-4578: Rezone(6316 W.WEDINGTON DRIVE/MORLAN,396): Forwarded Page 19 RZN 13-4571: Rezone(NORTHWEST CORNER OF W.WEDINGTON DRIVE AND N. GOLF CLUB DRIVE/WEDINGTON NEIGHBORHOOD PLAN ZONE 1,400): Forwarded Page 20 RZN 13-4572: Rezone(NORTHWEST CORNER OF W.WEDINGTON DRIVE AND N.RUPPLE ROAD/WEDINGTON NEIGHBORHOOD PLAN ZONE 3,400): Forwarded Page 21 ADM 13-4601: Administrative Item (UDC Amendment Protected Streams Map): Page 22 Forwarded Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 2 of 20 MEMBERS PRESENT MEMBERS ABSENT Sarah Bunch William Chesser Porter Winston Blake Pennington Craig Honchell Ron Autry Tracy Hoskins Kyle Cook Ryan Noble STAFF PRESENT Andrew Garner Quin Thompson Jesse Fulcher Glenn Newman Cory Granderson CITY ATTORNEY Kit Williams, City Attorney 5:30 PM—Porter Winston called the meeting to order. Porter Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Chesser and Pennington were present. Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 3 of 20 Consent. Approval of the minutes from the December 9,2013 meeting. VAC 13-4587:Vacation(1285 E.MILSAP ROAD/CHRISTIAN LIFE CATHEDRAL,213):Submitted by JORGENSEN AND ASSOCIATES for property located at 1285 E. MILSAP ROAD. The property is zoned RSF-4,RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE and contains approximately 1.83 acres.The request is to vacate unconstructed right-of-way. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 4 of 20 Old Business: LSD 13-4524: Large Scale Development (INTERSECTION OF W. CENTER ST. & S. HILL AVE./HARVEY'S HILL, 483): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at the INTERSECTION OF WEST CENTER STREET AND SOUTH HILL AVENUE. The property is zoned RMF-40,RESIDENTIAL MULTI-FAMILY,40 UNITS PER ACRE and DG,DOWNTOWN GENERAL and contains approximately 2.08 acres. The request is to build 175 units with a parking deck. Andrew Garner, City Planning Director, gave the staff report. Seth Mims, applicant,was present for questions. No public comment was presented. Motion: Commissioner Winston made a motion to approve LSD 13-4524,adding a condition of approval that was required on the adjacent large scale development that regulated and enforced construction traffic control. Commissioner Hoskins seconded the motion. Commissioner Honchell asked about the third driveway. Tabor discussed removable bollards at the end of the island. Commissioner Cook discussed density and his concern with concentrated density at the crest of this hill. He is concerned with how it will affect pedestrians especially during class changes. They have concentrated all of this density in one place and he has some concerns. He also discussed problems with construction traffic for vehicles and pedestrians and recommended a condition of approval regarding construction traffic that was also required on the adjacent large scale development. Garner discussed the condition of approval that allowed city staff to monitor and restrict construction traffic. Commissioner Winston amended his motion to include the condition of approval that regulated and enforced construction traffic control Commission Hoskins seconded the amended motion. Upon roll call the motion passed with a vote of 6-1-0. (Commissioner Cook voted "no".) Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 5 of 20 ADM 13-4331:(UDC AMENDMENT:URBAN AGRICULTURE CODE AMENDMENTS):Submitted by SUSTAINABILITY&STRATEGIC PLANNING staff. This request is to amend Chapters 151, 162, 163 and 164 to modify regulations associated with Animals and Fowl, and Urban Agriculture. Peter Nierengarten, Sustainability Director, gave the staff report. Public Comment: Quin Montana spoke in favor of these code changes and the reasons behind these code changes. Jeff Huber spoke is in favor of these code changes. No more public comment was presented. Commissioner Hoskins asked about goats and fowl. Nierengarten discussed that fowl are currently allowed to roam in the front yard. Hoskins discussed that we are limiting the space where these animals can be, based on the overall lot size, instead of the containment area of the animals. I'm a little concerned with over-population. Winston gave kudos to what they have done here. This is a great starting point. It is a work in progress. Honchell thanked Nierengarten for communicating with the commissioners on this. He discussed what this means to citizens in the city as a hobby and also a necessity and can be a source of community pride. He asked about a nuisance clause if there were a problem. Garner discussed the process for responding to nuisance complaints. Motion: Commissioner Winston made a motion to forward ADM 13-4331 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 6 of 20 New Business: ADM 13-4584: Administrative Item(617 N.COLLEGE AVENUE/ZUPPA ZUPPA,445): Submitted by ANN HARRIS for property located at 617 NORTH COLLEGE AVENUE. The property contains approximately 0.25 acres and is zoned C-2,THOROUGHFARE COMMERCIAL.The request is for a variance to allow a temporary retail structure (airstream trailer)to remain on the property for longer than 90 days. No staff report or public comment were presented. Motion: Commissioner Winston made a motion to table ADM 13-4584 to the 1-27-14 meeting. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 7 of 20 ADM 13-4604: Administrative Item (ECO DOWNTOWN LSD EXTENSION#2,484): Submitted by U ARK Land Venture, LP for property located southwest of the intersection of WEST LAFAYETTE STREET AND NORTH CAMPBELL AVENUE.The property is zoned DG,DOWNTOWN GENERAL and MSC,Main Street Center,and contains approximately 2.85 acres.The request is for an extension and a major modification to the previously approved Eco Downtown large scale development(LSD 11-3992). Quin Thompson, Current Planner, read the staff report. No public comment was presented. James Smith, Applicant Counsel, spoke briefly about the project. Motion: Commissioner Winston made a motion to approve ADM 13-4604 as recommended by staff. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 8 of 20 CUP 13-4569: Conditional Use Permit(NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE/KUM&GO,329): Submitted by CEI ENGINEERING for property located at the NORTHWEST CORNER MOUNT COMFORT ROAD AND SHILOH DRIVE.The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.69 acres.The request is for a conditional use permit to allow additional parking. LSD 13-4568: Large Scale Development(NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE/KUM&GO,329): Submitted by CEI ENGINEERING for property located at the NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE.The property is zoned C- 1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.69 acres. The request is to build a 4,991 square foot gas station with associated parking. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Rob Wadel,applicant,described the traffic study that was performed for the site.Kum&Go has an agreement with the seller to provide a full access for this project that is shared with the remaining 20 acres she will still own. We can discuss restricting future access points with the owner if we are granted the full access that is requested. We probably don't need two accesses on Shiloh, so we will remove the southern driveway if you want. We need visibility, access and traffic for a successful business. Commissioner Hoskins stated that he doesn't want to deny the whole project based on access and asked if the Planning Commission could modify the plan. Kit Williams, City Attorney, stated that it's possible if the applicant agrees. As this point the applicant has other ideas,but we don't have them in front of us to review.A deed restriction could be used to limit future curb cuts on the remaining acreage. Commissioner Hoskins stated he shared staff's concerns and the proposal to limit future curb-cuts doesn't address the current concerns. The curb-cut on Mount Comfort is too close to the traffic light.I can support the full access on Shiloh, as it also provides cross connectivity and am glass to hear that you are willing to close other driveway on Shiloh. Extending the center turn-lane on Mount Comfort would help. Nathan Streett, applicant, stated that they haven't looked at the existing lane widths on Mount Comfort, so they aren't sure what type of improvements would be required to extend the turn lane further west.Additional right-of-way dedication from the seller would likely be required. Commissioner Hoskins stated that staff is probably correct about the traffic study dates. Wadel asked what the concern was with left turns in. Commission Hoskins stated he was concerned with left turns into the site during the PM time period with high volumes moving west on Mount Comfort. Corey Granderson, staff engineer, described the traffic movements in the AM and access to I-540. Glenn Newman, staff engineer, mentioned that there are bike lanes on Mount Comfort that need to be considered with any widening. Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 9 of 20 Commission Honchell stated that this is why he wanted the project tabled at the Subdivision Committee meeting.In the morning,east bound traffic can't see the signal because of the sun.I can't support the project as currently proposed. Commission Autry asked if the north entrance on Shiloh met the separation requirements. Fulcher stated yes from Mount Comfort,but not from Deane Solomon. Wadel stated he would like to table the project and work with staff. Commission Winston asked if they considered moving full access further west on Mount Comfort. Wadel stated that they've discussed extending the turn lane. Commissioner Honchell asked what the separation was on Mount Comfort. Streett stated 270 feet. Andrew Garner, City Planning Director, explained that access for this development was restricted to Shiloh Road only. The access on Mount Comfort required a variance,regardless of the location. Commissioner Bunch stated she shares staff s concerns with the traffic study and with the access on Mount Comfort. Fulcher asked for clarification on the remaining property and restricting access. Williams stated that his expectation would be that it would restrict the entire 900 feet of frontage to two total curb cuts. Commissioner Hoskins asked staff how a future curb cut restriction helped with the current concerns. Fulcher stated that it doesn't. However, in the future, limiting the entire property to two curb cuts is a good thing. Commissioner Hoskins informed the applicant that the current driveway location will likely not be supported even with a future restriction on access. Wadel stated he understood. Motion for CUP13-4569: Commissioner Winston made a motion to approve CUP 13-4569. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Motion for LSD13-4568: Commissioner Winston made a motion to table CUP 13-4568 to the 1-27-14 meeting. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 10 of 20 CUP 13-4593:Conditional Use Permit(495 W.DICKSON STREET/WALTON ART CENTER,484): Submitted by CRAFTON TULL AND ASSOCIATES for property located at 495 WEST DICKSON STREET.The property is zoned MSC,MAIN STREET/CENTER and contains approximately 4.13 acres.The request is for a conditional use permit to allow off-site parking for Walton Arts Center expansion. LSD 13-4583:Large Scale Development(495 W.DICKSON STREET/WALTON ART CENTER,484): Submitted by CRAFTON TULL AND ASSOCIATES for property located at 495 WEST DICKSON STREET.The property is zoned MSC,MAIN STREET/CENTER and contains approximately 4.13 acres.The request is for a 15,500 square foot expansion to the existing building. Jesse Fulcher, Current Planner,read the staff report. Zak Johnson, applicant, had no additional comments. Glenn Newman, staff engineer, stated they are following the draft Low Impact Development Manual to handle changes to drainage. Commission Hoskins asked if the building was being brought into the build-to zone. Fulcher stated that is was being up to the street corner, adjacent to the right-of-way. Commission Honchell stated that this was a great project. No public comment was presented. Motion for CUP13-4593: Commissioner Cook made a motion to approve CUP 13-4593. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Motion for LSD13-4583: Commissioner Cook made a motion to approve LSD 13-4583. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 11 of 20 CUP 13-4589: Conditional Use Permit (560 N. RUPPLE ROAD/BOYS AND GIRLS CLUB, 439): Submitted by BATES AND ASSOCIATES for property located at 560 NORTH RUPPLE ROAD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 9.51 acres. The request is for a conditional use permit to allow Use Unit 4, Cultural and recreational facilities, in an R-A zoning. LSD 13-4586: Large Scale Development (560 N. RUPPLE ROAD/BOYS AND GIRLS CLUB, 439): Submitted by BATES AND ASSOCIATES for property located at 560 NORTH RUPPLE ROAD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 9.51 acres. The request is for an 18,965 square foot expansion to the existing building. Jesse Fulcher, Current Planner,read the staff report. No public comment was presented. Commission Honchell stated that this was another great project for Fayetteville. Commissioner Winston stated that this was a fantastic facility. Motion for CUP13-4589: Commissioner Winston made a motion to approve CUP 13-4589 as recommended by staff. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Motion for LSD13-4586: Commissioner Winston made a motion to approve LSD 13-4586 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 12 of 20 CUP 13-4575: Conditional Use Permit(500 N.VINSON AVENUE/HOUSE FAMILY,447): Submitted by HELLER CAD CONSULTING for property located at 500 NORTH VINSON AVENUE.The property is zoned RSF-4,RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE and contains approximately 0.31 acres. The request is for a conditional use permit to allow two tandem lots. No staff report or public comment were presented. Motion: Commissioner Cook made a motion to table CUP 13-4575 to the 1-27-14 meeting. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 13 of 20 CUP 13-4576: Conditional Use Permit (EAST OF STONE MOUNTAIN DRIVE/R.BRISEL, 489): Submitted by JORGENSEN&ASSOCIATES for property located EAST OF THE DEAD END OF STONE MOUNTAIN DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains 38.25 acres. The request is for a conditional use permit to allow a tandem lot. Quin Thompson, Current Planner, read the staff report. Tracy Hoskins, Commissioner, asked staff to show the location of the required street frontage. Andrew Garner,Planning Director,said that 70' of frontage was located at the end of Stone Mountain Drive. Hoskins asked the applicant where the driveway serving the two lots would be. Jorgensen,applicant,responded that the driveway would be at the end of Stone Mountain Drive,and that a gate would be installed. Motion: Commissioner Winston made a motion to approve CUP 13-4576 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 6-1-0. (Commissioner Hoskins voted "no".) Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 14 of 20 CUP 13-4574: Conditional Use Permit(825 S.STONEBRIDGE ROADMAMMANS,566): Submitted by HOWARD HAMMANS JR.for property located at 825 SOUTH STONEBRIDGE ROAD.The property is zoned R-A,RESIDENTIAL AGRICULTURAL and contains approximately 2.83 acres.The request is for a conditional use permit to allow a Plant Nursery(Use Unit 2), City-wide uses by conditional use permit. RZN 13-4573: Rezone (825 S. STONEBRIDGE ROADMAMMANS, 566): Submitted by HOWARD HAMMANS JR. for property located at 825 SOUTH STONEBRIDGE ROAD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 0.84 acres. The request is to rezone the property to NS,NEIGHBORHOOD SERVICES. Garner gave the staff report for both CUP 13-4574 and RZN 13-4573,recommending an additional condition of approval for CUP 13-4574 to address concerns from the Beaver Lake Water District. Hammams was present for any questions. No public comment was presented. Honchell discussed concern with the hook in the road and proximity to the business. He asked about exiting the driveway. Hammans, answered that,yes, you can pull out in a forward manner. Motion for CUP 13-4574: Commissioner Winston made a motion to approve CUP 13-4574 as recommended by staff,including the following condition of approval as recommended by staff- "Prior to installation of the plant nursery, the applicant shall consult with City Engineering staff to ensure that erosion and sedimentation is minimized." Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Motion for RZN 13-4573: Commissioner Winston made a motion to forward RZN 13-4573 to City Council with a recommendation for approval. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7- 0-0. Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 15 of 20 RZN 13-4578: Rezone (6316 W. WEDINGTON DRIVE/MORLAN, 396): Submitted by WILLIAM JENKINS for property located at 6316 W. WEDINGTON DRIVE. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 0.87 acre. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE. Quin Thompson, Current Planner, read the staff report. No public comment was presented. Jenkins, applicant,was present to answer questions. Motion: Commissioner Winston made a motion to forward RZN 13-4578 to City Council. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 16 of 20 RZN 13-4571:Rezone(NORTHWEST CORNER OF W.WEDINGTON DRIVE AND N.GOLF CLUB DRIVE/WEDINGTON NEIGHBORHOOD PLAN ZONE 1, 400): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for properties located at the NORTHWEST CORNER OF W. WEDINGTON DRIVE AND N. GOLF CLUB DRIVE. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL AND RSF-1,RESIDENTIAL SINGLE-FAMILY,ONE UNIT PER ACRE and contain approximately 11.30 acres. The request is to rezone the properties to UT, URBAN THOROUGHFARE. Quin Thompson, Current Planner, read the staff report. Aubrey Shephard,Watershed Advocate,asked whether trees would be removed on the lot.He stated that the trees are irreplaceable within our lifetimes. Kyle Cook, Commissioner, asked why Staff was recommending the LIT zone in this location and CS in the proposed rezone to the west. Tracy Hoskins, Commissioner, asked what the current zoning is,and what the required tree canopy is under UDC chapter 167. He said he thought that canopy requirements were similar in all commercial zones. Andrew Garner,Planning Director,said that canopy requirements were similar in the commercial zones, 15- 20%. [Canopy requirements are: R-A: 25%,UT: 15%] Motion: Commissioner Winston made a motion to forward RZN 13-4571 to City Council. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 17 of 20 RZN 13-4572: Rezone (NORTHWEST CORNER OF W. WEDINGTON DRIVE AND N. RUPPLE ROAD/WEDINGTON NEIGHBORHOOD PLAN ZONE 3, 400): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for properties located at the NORTHWEST CORNER OF W. WEDINGTON DRIVE AND N.RUPPLE ROAD.The properties are zoned R-O,RESIDENTIAL OFFICE, C-1, NEIGHBORHOOD COMMERCIAL, AND C-2, THOROUGHFARE COMMERCIAL and contain approximately 5.65 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES. Quin Thompson, Current Planner, read the staff report. Tracy Hoskins, Commissioner, stated that he preferred to see the property rezoned to the corner. Kit Williams, City Attorney, asked staff if they had attempted to contact the property owners. Thompson,said that certified mail was sent on two occasions to each property owner,detailing the proposal in each letter, and stating the time and place of meeting in the second. Garner, Planning Director, said that staff felt that we have attempted to contact landowners appropriately, beginning with the initial mailing in October of 2013. Motion: Commissioner Winston made a motion to forward RZN 13-4572 to City Council. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 18 of 20 ADM 13-4601:Administrative Item(UDC Amendment Protected Streams Map):Submitted by the CITY ENGINEERING DIVISION.The request is to amend the Protected Streams Map referred to in UDC Chapter 168.12(C)near Walnut Avenue and Maple Street. Sarah Wrede,Floodplain Administrator gave the staff report. Public Comment: Eden Reif discussed concerns when the additional water daylights on my backyard. Wrede responded to the comments including discussion of the City's improvements to the drainage system. Kit Williams, City Attorney, asked about the flow. Wrede discussed it will be flowing faster but a higher peak flow. Andrew McClay, lives just south where it daylights. Water in my front yard has gotten worse in the last 10 years. A half a dozen times water has come in my front yard. He opposes this because it is creating a time gap where the drainage can become worse. I don't understand the rationale why it needs to be completed now and making it worse. Removing protection will make flooding worse. Angela Noble 559 N. Walnut, the creek runs through and under my living room floor. Our street is terrible and it does flood. How are you going to stop from flowing underneath the house. Will the whole underneath my house flood? Aubrey Shepherd discussed watershed and flooding issues. No more public comment was presented. Commissioner Cook asked if this was this same stream that goes in the pipe at Olive Street. Wrede answered yes. Commissioner Cook asked if this is the first step in the drainage improvements? Wrede discussed the background for the request. Commissioner Cook discussed that there was a loud outcry for the City to do something with the water issues in this area. Has the Engineering Division taken anything to the people in this neighborhood? Wrede responded,no,we haven't yet but that will be a step in the process. Commissioner Cook discussed that it may be premature to do this now. Commissioner Honchell discussed that the city has done charettes to get public input on issues. He asked about protecting Ms. Noble's home? Wrede discussed that the plan proposes to divert the water. Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 19 of 20 Andrew Garner, City Planning Director discussed that the overall drainage plan is not being discussed or proposed at this time, the Engineering Division realized that there is one very small stretch of this stream that is classified as protected stream,when it is in a pipe underground on either side and they do not feel that short stretch of stream should be on the list of protected streams any more. Kit Williams, City Attorney, discussed that the City is restricted from designing a drainage solution by the streamside protection ordinance, in this case. Winston asked about the development of the property. Quin Thompson, City Planner, discussed that the property owner of the area being proposed to be taken off the streamside map, would like to build a single family residence on the property. Kit Williams, City Attorney, discussed this item will have to be discussed by city council and there does not need to be a specific recommendation at this point. Wrede discussed that the vacant lot is a buildable lot with or without the stream being protected. Motion: Commissioner Cook made a motion to forward ADM 13-4601 to City Council without a recommendation. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 6-1-0. (Commissioner Hoskins voted "no".) There being no further business, the meeting was adjourned at 8:42 PM. Planning Commission January 27,2014 Agenda Item 1 1-13-14 Minutes Page 20 of 20 17ayeV e PC Meeting of January 27, 2014 s 125 W. Mountain St. 72701 THE CITY OF FAYETTEVILLE,ARKANSAS Fayetteville, Telephone:(479)57 575-8267-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner THRU: Andrew Garner, Planning Director DATE: January 03, 2014 ADM 13-4584: Administrative Item (617 N. COLLEGE AVENUE/ZUPPA ZUPPA, 445): Submitted by ANN HARRIS for property located at 617 NORTH COLLEGE AVENUE. The property contains approximately 0.25 acres and is zoned C-2, THOROUGHFARE COMMERCIAL. The request is for a variance to allow a temporary retail structure (airstream trailer) to remain on the property for longer than 90 days. Planner: Quin Thompson Property Description: The subject property is located at the southwest corner of the intersection of Trenton Boulevard and College Avenue, at the eastern border of the Wilson Park Neighborhood. The site was originally developed with a commercial structure and associated parking. According to Washington County property records, the structure was removed in 1988; however, the parking lot remains on the property. Over the past three years there have been a number of outdoor mobile vendors on this property, primarily operating out of airstream trailers that the property owner leases to small and start-up businesses. In 2013, seven mobile vendors received approval by the Planning Commission to operate longer than 90 days (Now and Then Boutique, Pigmint florist, Bouchee Bistro, Lo's Sweet Treats, MGB Photo, and Kona Coast). The Planning Commission has indicated, and the Fayetteville Unified Development Code requires, that as a part of variances for long-term commercial activities in temporary structures on this property, it is expected that incremental improvements be made until the site meets the full requirements of the landscape and parking codes. In 2013, as part of the approval for the vendors listed above, the property owner agreed to dedicate right-of-way along College Avenue and Trenton Boulevard to aid in the City's upcoming street improvements to College Avenue. The right-of-way dedication included a 10- foot strip of land along College Avenue and a 5-foot strip of land along Trenton Boulevard for a total of approximately 2,000 square feet. Staff feels that it is appropriate at this time to require additional improvements to the property for the subject variance request and those expected for the remainder of 2014, and recommends that street trees be planted along the College Avenue frontage within the area reserved for required green space (15' from right of way.) G:XTCIDevelopment Services Review120130evelopme t Reviewl13-4584 ADM 617 N College Ave(Zuppa Zuppa)103 Planning Commissionl01-27- 20141Commenis and Redlines Planning Commission January 27,2014 Agenda Item 2 ADM13-4584 Zuppa Zuppa Page 1 of 14 Background: The applicant, Zuppa Zuppa soup kitchen, obtained an outdoor mobile vending permit to operate as a mobile vendor on private property on September 17, 2013. The permit is valid for 90 days and expired on December 16, 2013. The applicant requests a variance of Fayetteville Unified Development Code Section 178.04(C) to allow for their Outdoor Mobile Vendor Permit to be granted for an additional nine (9) months. The vending trailer location is indicated on the attached site plan. This is the first extension requested by Zuppa Zuppa. This item was tabled by the property owner before the Planning Commission meeting of January 13,2014. Surrounding land use and zoning is depicted in Table 1. Table 1: Surroundin Land Use and Zoning Direction from Site Land Use I Zoning North Motel/apartments I R-O, Residential Office South Commercial 1 C-2, Thorou hfare Commercial West Single-family house RMF-24 Residential Multi-family, 24 du/acre East Skating rink C-2, Thoroughfare Commercial Proposal: The applicant requests a variance of Fayetteville Unified Development Code Section 178.04(C) to allow for an extension to an Outdoor Mobile Vendor Permit to be granted for one year, where the maximum by right is 90 days. The vending trailer location is indicated on the attached site plan. Public Comment: The applicant notified all adjacent property owners in writing and posted a public notice sign on the property. Staff has not received objections to the request. RECOMMENDATION: Staff recommends in favor of the requested variance with the following conditions of approval: 1. 1. Planning Commission determination of permanent improvements. This property has been utilized continually for a number of mobile vendors over the past three years, including multiple variances for individual vendors to remain in one location longer than 90 days, and the continual storage of airstream trailers on the site for future vendors. Pursuant to Fayetteville Unified Development Code Section 178.04.0 the Planning Commission may require semi-permanent or permanent improvements to the property to secure the objectives of the ordinance. Because mobile vending is a permanent or semi- permanent use on the site, staff recommends that the property owner complete the following improvement to start bringing the property into compliance with development regulations and meet the objectives of the ordinance: -Within 90 days of Planning Commission approval of this variance, the property owner shall install four street trees along with site's College Avenue Street frontage. The street trees shall be installed outside of the right-of-way in the landscape area between the right-of-way and the parking lot, in accordance with UDC Section 177.05. This will require the removal of some existing concrete/asphalt in the parking lot and amending the soil to provide the minimum area (150 square feet) needed for a tree to survive. Wheelstops, curb, or other wheel barriers will be required around the trees. Prior to installation of the trees the applicant shall submit a landscape plan to the Planning Division and Urban Forestry stafffor review and approval. G:IETCIDevelopment Services Review110130evelopmen!Reviewl134584 ADM 617 NCollege Ave(Zuppa Zuppa)103 Planning Commission101-27- 20141Commenls and Redlines Planning Commission January 27,2014 Agenda Item 2 ADM13-4584 Zuppa Zuppa Page 2 of 14 2. The vendor shall be permitted for an addition nine (9) months from the date of Planning Commission approval,to expire on September 17,2015. 3. Wooden decks, stairways, and stoops to ease entry into the mobile vendors trailers are permitted, but clear plastic coverings are not allowed. Awnings for the trailers should be made of fabric, rubberized, or other similar material and attached to the trailers.The final approval of these types of structures shall be made by staff. PLANNING COMMISSION ACTION: X Required Approved Denied Tabled Motion: Second: Vote: Date: January 27, 2014 FINDINGS: City of Fayetteville Unified Development Code 178.04 (C) Variances. Outdoor Vendors may request a variance from the Planning Commission to operate for an extended period of time, not to exceed twelve consecutive months, in the same location subject to the following standards: (1) A vendor may request a variance from the 90 day location requirement to operate for an extended period of time. The maximum time period that the Planning Commission may grant this variance is limited to no more than twelve consecutive months. Finding: The applicant is requesting a variance to operate for a total of twelve months, the maximum permitted under the ordinance. (2) The applicant shall comply with the notification requirements of section 157.05 of the Unified Development Code. Finding: The applicant has notified all adjacent property owners and posted a public notice sign in compliance with section 157.05 of the UDC. (3)A variance may be granted by the Planning Commission when the following findings have been met: (a) The applicant has established that the operation of the outdoor mobile vendor will be compatible with and not detrimental to nearby properties, will not adversely affect nearby businesses, will foster an aesthetically appealing streetscape and will not create or worsen a dangerous traffic condition. G:IETCIDevelopment Services Review120130evelopmenl Reviewll3-4584 ADM 617 NCollege Ave(Znppa Zuppa)103 Planning Cammissionl01-27- 20141Commenrs and Redlines Planning Commission January 27,2014 Agenda Item 2 ADM13-4584 Zuppa Zuppa Page 3 of 14 Finding: Mobile vendors have operated safely in this parking lot for several years. The property is accessed by an existing curb cut onto College Avenue. While this curb cut does not comply with the City's current access management ordinance, staff finds that the existing access is acceptable and will not create a dangerous traffic situation. However, as mobile vendors continue to be utilized in this location for restaurants and retail sales, higher volumes of traffic could create dangerous traffic conditions because of the non- conforming curb cut and site distance issues along this stretch of College Avenue and Trenton Boulevard. The property owner has voluntarily completed improvements to the site over the past few years including installation of water and electrical hook-ups for the trailers, clearing brush, painting stripes on the parking lot, installation of a portable toilet (porta-potty) for customers, and seasonal landscaping in large stainless steel planter boxes. These improvements and the general maintenance of the site by the owner and its vendors, including having a consistent style among the vendors with primarily aluminum Airstream style trailers, has fostered an aesthetically pleasing streetscape. (b) That the outdoor mobile vendors' presence for an extended period of time at one location will not create an unfair advantage over similar and nearby permanent businesses. Finding: In this case, it is difficult to determine what businesses should be compared to Zuppa Zuppa. There are several restaurants within one quarter mile, and several of those appear to offer a soup. None of the nearby `permanent' restaurants focus solely on soup as this business does. Additionally, it appears (Facebook) that the menu changes frequently, and probably at least once a week. It seems to be the case that the business will at times offer menu items similar to those of nearby businesses, if only for a brief period. For example, it is possible that the business may offer a Thai style soup for a period of time that may compete directly with a nearby Thai restaurant. In Staffs opinion, however, allowing this business to operate at this location for an extended period of time should not create an unfair advantage over any other similar `permanent' businesses. G:1EMDevelopment Services Review120131Development Review113-4584 ADM 617 NCollege Ave(Zuppa Zappa)103 Planning COmnussfoa1O1-27- 20141Connnents and Redlines Planning Commission January 27,2014 Agenda Item 2 ADM13-4584 Zuppa Zuppa Page 4 of 14 Fayetteville Unified Development Code 178.04 Outdoor Mobile Vendors Located On Private Property (A) Purpose.This section's purpose is to facilitate and control the ability of outdoor vendors to temporarily operate on private property while ensuring such use is compatible with and not detrimental to nearby properties, does not adversely affect nearby businesses, fosters an aesthetically appealing streetscape, and does not create or worsen a dangerous traffic condition. (B) Requirements. Outdoor Mobile Vendors located on private property shall meet the following requirements and submittals prior to approval: (1) Permit Application. Each application for a permit to conduct an Outdoor Mobile Vendor business shall be accompanied by a $50 permit review and processing fee. (2) Application for a permit to conduct an Outdoor Mobile Vendor business shall include the following items in a format acceptable to the Zoning and Development Administrator: (a) Name, address and contact information. (b) Type of items sold or services rendered. A change in product or service will require a new permit to be issued. (c) A valid copy of all necessary permits required by State and County health authorities. (d) Proof of application for remittance of HMR tax to the City of Fayetteville. (e) Means to be used in conducting business including but not limited to a description of any mobile device to be used for transport or to display approved items or services. (f) A detailed site plan and written description illustrating the type, location, and dimensions of the mobile vendor business including parking. (g) Written authorization, signed by the property owner or legal representative of record, stating that the transient merchant business is permitted to operate on the subject property. (3) The permit issued shall not be transferable in any manner. (4) The permit is valid for one mobile vendor location only. (5) The proposed use must be a permitted use-by-right within the underlying zoning district in order to be permitted. (6) An Outdoor Mobile Vendor business may be approved by the Planning Division after making the following determinations: (a) All of the requirements of 178.04(8)(2) have been met. (b) The applicant has established that the operation of the outdoor mobile vendor will be compatible with and not detrimental to nearby properties, will not adversely affect nearby businesses, will foster an aesthetically appealing streetscape and will not create or worsen a dangerous traffic condition. (7) Outdoor mobile vendors are allowed on a temporary basis (90 days), by nature of their temporary occupancy, in one location over a one-year (twelve month) timeframe. Outdoor mobile vendors may move to a different location at least one half mile from the original location after this 90-day period has expired. However, a new Outdoor Mobile Vendor Application will have to be reviewed G:IETCIDevelopment Services Review120131Development ReviewV3-4584 ADM 617 NCollege Ave(Zuppa Zuppa)103 Planning Commissio,'W-27- 20141Comments and Redlines Planning Commission January 27,2014 Agenda Item 2 ADM13-4584 Zuppa Zuppa Page 5 of 14 and approved by the Planning Division for a new location. (8) Outdoor mobile vendors shall be in compliance with parking lot requirements for any existing and the proposed business. The number of required parking spaces is determined by the use and size of the proposed transient merchant business, and by the use and size of the existing business. Parking spaces on the property where the outdoor mobile vendor is located shall be paved and striped in order to be utilized. The use of parking for an outdoor mobile vendor may not reduce the number of spaces necessary for other uses occurring on the property. An adequate number of parking spaces for the existing businesses and the outdoor mobile vendor must be provided onsite. The location of the outdoor mobile vendor shall not impede traffic flow or create a dangerous traffic condition, as determined by Planning Division upon review of the site plan. (C) Variances. Outdoor Vendors may request a variance from the Planning Commission to operate for an extended period of time, not to exceed twelve consecutive months, in the same location subject to the following standards: (1) A vendor may request a variance from the 90 day location requirement to operate for an extended period of time. The maximum time period that the Planning Commission may grant this variance is limited to no more than twelve consecutive months. (2) The applicant shall comply with the notification requirements of section 157.05 of the Unified Development Code. (3) A variance may be granted by the Planning Commission when the following findings have been met: (a) The applicant has established that the operation of the outdoor mobile vendor will be compatible with and not detrimental to nearby properties, will not adversely affect nearby businesses, will foster an aesthetically appealing streetscape and will not create or worsen a dangerous traffic condition. (b) That the outdoor mobile vendors' presence for an extended period of time at one location will not create an unfair advantage over similar and nearby permanent businesses. (4) In granting the variance, the Planning Commission may require appropriate conditions and safeguards, including semi-permanent or permanent improvements to the property to secure the substantial objectives of the ordinance. (Ord. 5185, 10-7-08; Ord. 5425, 8-2-11; Ord. No. 549805-01-12) G:IETCIDevelopmenl Services Review110131Developme,it Reviewll3-4584 ADM 617N College Ave(Lappa Zuppa)103 Planning Commissionl01-27- 20141Commenis and Redlines Planning Commission January 27,2014 Agenda Item 2 ADM13-4584 Zuppa Zuppa Page 6 of 14 December 4, 2013 Dear Chairman of the Fayetteville Planning Commission, I am writing to request an extension of the mobile vendor permit for Zuppa Zuppa Soup Kitchen at its current location at the Yacht Club located on 617 North College. officially opened at the Yacht Club on October 1, and participated in Nightbird Books Eat Local event during Bikes, Blues and BBQ in September. While there are other restaurants that serve soup, there is none focused solely on soup in this area. I would request the extension to continue to grow my customer base with the goal of eventual move to brick and mortar. To date the community feedback and support for Zuppa Zuppa Soup Kitchen has been favorable. I appreciate your consideration of this matter. Sincerely, t� Ann Harris Owner/Operator Zuppa Zuppa Soup Kitchen Planning Commission January 27,2014 Agenda Item 2 ADM13-4584 Zuppa Zuppa Page 7 of 14 n E I � Nxg 'aE J � 5v em€ xe2��po gym` 3.' v, C31@1 d uS fn �xs �N rte,IZ�� A �c�i 9.SY Ns u .,s oho YlC � n v� .1R1NgylNgf Igbw_ 7Wgp14'�7b'7R31111J `g. � !n�WIC 6uVsny 2V F j�C_yya FIRM i Etc P_ � �cfSi z o C) L e a a to v a Planning Commission January 27,2014 Agenda Item 2 ADM13-4584 Zuppa Zuppa Page 8 of 14